15. Competition law

2020 ◽  
pp. 415-449
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Competition Law ◽  
Consumer Welfare ◽  
Internal Market ◽  
The European Union ◽  
Private Companies ◽  
General Terms ◽  
Eu Competition Law ◽  
Competitive Behaviour ◽  
The Uk

This chapter analyses the foundations of EU competition law. Competition law is an attempt to regulate the behaviour of private companies when active in the internal market so as to ensure that competition between different entities remains and is fair. The rules of competition law aim both to assist the completion of the internal market as well as addressing consumer welfare in more general terms. A further particularly interesting dimension is that unlike most internal market law, competition law applies regardless of the nationality of the companies or businesses active in the internal market. As such, UK companies active on the continent after Brexit will have to know these rules, regardless of whether they continue to apply in the UK. The chapter then details the two Treaty provisions that address anti-competitive behaviour: Articles 101 and 102 TFEU (Treaty on the Functioning of the European Union).

8. EU competition law: Article 102 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
Dominant Position ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Abusive Behaviour ◽  
Article 102 Tfeu

This chapter focuses on Article 102 of the Treaty on the Functioning of the European Union (TFEU). Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market in so far as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade. Like Article 101, Article 102 is enforced by the European Commission, national competition authorities, and national courts under powers conferred by Regulation 1/2003.

29. EU competition law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
The Core ◽  
Eu Competition Law ◽  
Core Elements

This chapter examines the core elements of competition law in the European Union (EU) and its impact on the internal market, focusing on anti-competitive agreements, abuse of market power and controls over concentrations. It discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

scholarly journals Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union

2021 ◽  
Vol 60 (91) ◽  
pp. 191-210
Author(s):  
Aleksandar Mojašević ◽  
Stefan Stefanović
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
Eu Competition Law ◽  
The Uk ◽  
The Eu ◽  
Cartel Policy

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

27. EU competition law

2020 ◽  
pp. 641-684
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
Internal Market ◽  
The European Union ◽  
The Core ◽  
Eu Competition Law ◽  
Core Elements ◽  
The Impact

This chapter examines the core elements of competition law in the European Union (EU). It provides a number of examples of the types of agreements covered by EU competition law and shows the dangers which may arise when independent undertakings come together to coordinate their activities to distort competition. The chapter reviews the impact of anti-competitive agreements on the internal market and focuses on the abuse of market power and controls over concentrations. Overall, the chapter discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

scholarly journals EU Competition Law Put to the Brexit Test: What Impact Might the Exit of the UK from the Union Have on the Enforcement of the Competition Rules?

2018 ◽  
Vol 11 (17) ◽  
pp. 7-27
Author(s):  
Arianna Andreangeli
Keyword(s):  
European Union ◽  
Future Development ◽  
Competition Law ◽  
The European Union ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Impact ◽  
Competition Enforcement

This contribution examines some of the consequences of the UK’s exit from the European Union for the enforcement of the competition rules. It reflects on the impact that Brexit is going to have on future transnational antitrust litigation in Britain and Europe. Thereafter it analyses the challenges that Brexit is likely to present for cooperation in public competition enforcement and suggests solutions for future development.

12. Competition Law: Cartels

2020 ◽  
pp. 282-306
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Competition Law ◽  
Case Law ◽  
Internal Market ◽  
The European Union ◽  
Eu Competition Law

This chapter provides an overview of EU competition law through the lens of Article 101 TFEU. Article 101 outlaws anti-competitive collusions between undertakings; that is, ‘cartels’. Historically, this form of illegal behaviour has been the most dangerous anti-competitive practice. The prohibition on any collusion between undertakings to restrict competition in the internal market is thereby set out in Article 101. The European Union has given a wide jurisdictional scope to the provision, and EU competition law generally. Yet it tries to find an appropriate balance between pro- and anti-competitive considerations for every agreement. Due to the EU's historic task to create an internal market, vertical agreements have been of particular importance to EU; and distribution agreements indeed continue to occupy a prominent place within the case law of the European Courts.

7. EU competition law: introduction and Article 101 TFEU

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
European Commission ◽  
Competition Law ◽  
Internal Market ◽  
Business Practices ◽  
The European Union ◽  
National Courts ◽  
Eu Competition Law ◽  
National Competition ◽  
Competition Rules

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit anti-competitive business practices. The European Commission, national competition authorities, and national courts enforce Articles 101 and 102 under powers conferred by Regulation 1/2003. From time to time, the European Commission issues non-binding notices providing clarification of the competition rules. This chapter focuses on Article 101, but begins with an outline of Articles 101 and 102 and the rules on enforcement. In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States.

3 The Law and Economics of Anticompetitive Coordination

2012 ◽  
Author(s):  
Geradin Damien ◽  
Layne-Farrar Anne ◽  
Petit Nicolas
Keyword(s):  
European Union ◽  
Law And Economics ◽  
Competition Law ◽  
Consumer Welfare ◽  
Internal Market ◽  
The European Union ◽  
Member States ◽  
The Law

This chapter examines Article 101 TFEU (Treaty on the Functioning of the European Union). All modern competition law regimes outlaw the coordination of independent undertakings where it leads to a restriction of competition. In the European Union, a prohibition system is enshrined in Article 101 TFEU, which holds that ‘agreements between undertakings’ which restrict competition are ‘incompatible’ with the Treaty. Article 101 TFEU is a three-pronged provision. First, Article 101(1) TFEU establishes a prohibition rule, which provides that agreements between undertakings which may affect trade between Member States and which restrict competition are incompatible with the internal market. Second, Article 101(2) TFEU declares that agreements deemed incompatible pursuant to Article 101(1) TFEU are null and void. Third, Article 101(3) TFEU embodies an exception rule which defuses the application of Article 101(1) to agreements that bring a positive net contribution to consumer welfare.

17. Competition Law

2021 ◽  
pp. 717-778
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
The Third ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Eu

This chapter assesses the EU competition law on private undertakings. The relevant Treaty section is here built upon three pillars. The first pillar deals with anticompetitive cartels and can be found in Article 101 of the Treaty on the Functioning of the European Union (TFEU). The second pillar concerns situations where a dominant undertaking abuses its market power and is found in Article 102. The third pillar is unfortunately invisible, for when the Treaties were concluded, they did not mention the control of mergers. This constitutional gap has never been closed by later Treaty amendments, yet it has received a legislative filling in the form of the EU Merger Regulation.

3. The relationship between European Union and United Kingdom competition law

2019 ◽  
pp. 57-75
Author(s):  
Sandra Marco Colino
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
National Competition ◽  
Current Interaction ◽  
Article 50 ◽  
The Uk ◽  
The Relationship ◽  
The Eu

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.

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